Articles 2021

Effective January 22, 2024, private corporations governed by the Canada Business Corporations Act are required to publicly disclose their individuals with “significant control” (“ISCs”); however, the ISC identification rules remain murky in their application to shareholders that are trusts. Government guidance is urgently required to ensure corporations and shareholders can properly meet these new obligations.

Social media’s correlation with declining mental health and its borderless, easily accessible nature make it a national public health problem analogous to a dangerous substance that causes lethal diseases, argues author Max Sun.

In determining valuation of an expropriated interest, arbitral tribunals must consider existing planning and zoning regulations. However, the admissibility of evidence concerning post-expropriation planning and zoning changes can often become a pivotal issue in determining the probable highest and best use, as well as the market value of the subject property.

The issue of whether an intentional action can be properly framed in negligence dates back to the seminal case of Non-Marine Underwriters, Lloyd’s of London v. Scalera. Since then, the courts have repeatedly proclaimed that such attempts are futile. However, this has not stopped counsel from attempting to disguise intentional torts as negligence within their pleadings.

This article reviews Pass Herald v. Google LLC, 2024 FC 305, in which the Federal Court of Canada approved a litigation funding agreement in a proposed competition class action and refused to impose a cap on the combined recovery of class counsel and the funder, despite the defendants’ suggestions that it do so.

The recent decision Barbiero v. Pollack, 2024 ONSC 1548, offers guidance to class action practitioners as to when the Court will dismiss a certified class action for delay.

The Supreme Court of Canada's guidance about statutorily implied terms under the Sale of Goods Act has implications for product liability class proceedings. This article analyzes the breadth of exclusionary clauses applicable to such terms.